Military leave and what are my rights?

Question

Hope some one can answer my question here. I'm getting ready to depoly here for my first time. I'm in a reserve unit and I work in the private sector. I do know that when I leave, and when I come back i will still have my job and my job can't hire someone to replace me. So here ya go... My job told me that they will not pay me while i'm over in iraq.. Can they do that??? b/c if that is the case I can lose my house and everything else on what the military will pay... I thought job would cover the difference... Help

Answer 1

Some jobs continue to pay their deployed reservists and some do not. All they are obligated to do is to hold your position, the pay is completely up to them. If you do deploy there are several ways to seek relief. First, the Soldiers and Sailors relief act may be able to help you avoid losing your posessions. In the Air Force we have an agency called Airmen and Family Readiness Center (formerly Family Support Center). Your branch of service has a similar agency to help military members and their families in times of need...seek them out. There are laws in place to help protect our defenders of freedom from this type of action. My suggestion would be to contact your First Sergeant and give him/her the chance to work this for you. I am a First Sergeant myself and I can tell you we have resources to help. I don't want to promise things won't work out for you, but I would be confident that I could help if one of my members brought this forward, even if the answer is that you do not deply (which may be the case).

Answer 2

You have a lot of very supportive answers already, and I agree with the general tenor of them. I don't know how much you need this job, or how hard it may be to get a job in your area. But unless there is some compelling reason to do otherwise, I'd take the time off. If you get fired, file for unemployment compensation. And if the employer contests it, invite a radio, TV, or newspaper reporter to the hearing. This would make an interesting news story. And also, if you do get fired, write a letter to the Secretary of the Army (or whatever branch of service your husband is in) and tell them your story. Also send a letter to the news chiefs of all the TV [networks and news services. [Be sure to tell Steve Hartman of CBS -- he does some of the best work I've ever seen on TV.] Somebody will pick up the story, and that will shame your boss into doing the right thing. As an American citizen, I thank you, and your husband.

Answer 3

Do you really think your employer will pay you while you are deployed? Not going to happen. However once deployed you will get full time military pay plus hazardous duty pay. As far as loosing your house you need to check with someone who understands what kind of financial protection someone has while they are deployed. Also don't count on your job to be there when you get back. If your employer does some layoffs that include eliminating your position then you are out of a job when you return. Serving your country involves sacrifices but the rewards can be great.

Answer 4

First your employer can hire a replacement in your absence, but they have to give you your job back when you return. Differential pay is not a requirement, it is something a lot of corporations do for their employees, but it is by no means a requirement. Personally, I made quite a bit of money while deployed to Iraq with all the special pay received and was able to save almost $10,000. You will receive your base pay and you will also receive like 1.50 or 2.00 per diem. Not a lot of money but that is the minimum so they can also pay you BAH. You will be paid BAH, hazardous duty, family separation pay, hardship duty pay, and all your pay is tax free while in Iraq. I received the per diem at the end of the deployment.

Let's take a married E-5, with six years of service, stationed at San Diego, CA:

Base Pay: $2,205.30
Housing Allowance: $1535
Food Allowance: $267.18
Family Separation Allowance: $250
Hazardous Duty Pay: $225
Hardship Duty Pay: $100
Total: $4,582.48 per month, or $54,989.76 per year, tax-free

Don't forget to contact any and all creditors including your mortgage company, if your interest rate is over 5%, and notify them that you are being deployed and ask for the Soldiers and Sailors relief act. They will lower your interest rates to 5%, but you will need to provide them with a copy of your orders. It is very much worth it and it will help you with your monthly payments. If you end up deploying too soon after you receive your orders, your wife can take care of it also. The Soldiers and Sailors relief act is too important to brush off, make sure you do it.

As was mentioned earler, your house can not be reposessed while you are deployed.

Answer 5

Every job has different policies, but the law is only that they have to hold your job for you to return if you are in the military...I am a military wife and my husband is overseas right now.....I only get paid from the military and his job stoped all pay, he gets only 15days a year paid military leave then the rest is unpaid....some jobs do cover the diff if you make more as a civilian but not all do...you may want to check with your morgage company because there is a law that protects your loans when under deployment....."the sailors act"

Answer 6

Sorry Steven, no employer is required to pay a soldier while he is off the job! They are required to hold your job for you and your seniority, along with any perks you would have enjoyed, had you been on the job.

You may want to talk with your mortgage company and secure a different style loan. Perhaps an interest only loan will best suit your needs while you're away! I'd get on it though, these things sometimes take time to get done..

Answer 7

You need to read the USERRA (Uniformed Services Employment and Reemployment Rights Act) and the SCRA Installment Contract Protection.You can access both on www.military.com. Both of these will go over in detail everything you need to know about your rights. No your employer does not have to pay you anything while you are serving but no one can repo your home or any other property. This website will also go into detail about the right that you have to reduce payments while your are deployed. Good luck!

Answer 8

A job doesn't have to cover the difference, however, many companies are. Unfortunately, you are facing a situation a lot of servicemen and women are running into. There are organizations that will help you, though. I haven't had to deal with any of them, so I don't know the names of them, but I am sure someone with the military can tell you. Good luck -- and thank you for your service. Really.

Answer 9

I could not find the instruction but I believe that have to pay you the difference of the pay your make and your normal salary with them. Call the personnel department of the branch you are in and ask them for the instruction or policy on that.

Yes, I do believe they have to keep you position open as well.

Yes, isn't that amazing the people who keep United States free get the worst pay.

Answer 10

you made the choice to become military reserve your job can't pay you for not doing anything at your job when you get deployed you'll get payed hazard pay , tax -free any bonuses you get there will be tax-free, not sure what rank you are that might get you some BAH pay which might be at least 900$ somthing you should talk to your E-7 sgt 1st class, GySgt, Chief whaever service your in.